Foster v. Bringham

Bicknell, C. C. —

Moore mortgaged corn to Bringham to secure the payment of $700 and interest. The mortgage provided that the mortgagor should retain possession until default in payment, and that, if at any time before the day of payment, the mortgagee should “ feel unsafe or insecure,” he might take the corn and sell it to satisfy the debt. Before the day of payment, Foster issued an execution on a judgment he held against Moore, the mortgagor, and the corn, yet in Moore’s possession, was taken under said execution by the sheriff.

The mortgagee brought replevin for the corn against the sheriff…